Supreme Court · 2004 INSC 155 · Decided 10 March 2004
Koppula Venkat Rao v. State of Andhra Pradesh
- Court
- Supreme Court of India
- Citation
- 2004 INSC 155 · [2004] 2 S.C.R. 944
- Case number
- CRIMINAL APPEAL No. 84/1998
- Decided
- 10 March 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 511, 375, 376
Headnote
Penal Code, J8.60; Ss. 375, 376 and 5J 1: Accused charged with rape of a teenaged girl-Trial Court convicted C the accused holding that since act of ejaculation being the ultimate act of sexual intercourse, it amounts. to rape and actual intercourse immaterial­ Afjirmed by High Court but to find out whether the accused desired to gratify his passion and intended to do so at all costs D irrespective of resistance from the victim-Surrounding circumstances and relevant material could also throw some light to prove commission of rape­ Penetration and not ejaculation is the sine
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